Abstract:

“There cannot be ‘innate’ rights in any other sense than that in which there are innate duties, of which, however, much less has been heard.”

Their article seeks to recover the tradition of individual duties that is integral to the historical origins of international human rights, arguing that increased attention to duties and responsibilities in international politics can be necessary complements to promoting human rights, particularly economic, social, and cultural rights.

Abstract:

Atrocity crimes rage today in Iraq, Syria, Myanmar, Burundi, and Yemen. Given their potential to establish facts and promote accountability, recently opened United Nations investigations of international law violations in each of these states are thus a welcome, even if belated, development. However, these initiatives prompt questions about their designs, both in isolation and relative to each other.

This article describes the investigations into alleged violations in these five states, examines their respective sponsors and scopes, and presents a wide range of questions about the investigations and their implications, including their coordination with each other and their use of evidence in domestic, foreign, hybrid, and international courts (such as the International Criminal Court). The article concludes that, while seeking accountability for international law violations is certainly laudatory, these particular investigations raise significant questions about achieving that goal amidst rampant human rights abuses in these five states and beyond. International lawyers, atrocity crime survivors, and other observers thus await answers before assessing whether these investigations will truly promote justice. 

Abstract:

Alexis de Tocqueville observed in 1835 that “the greatness of America lies not in being more enlightened than any other nation, but rather in her ability to repair her faults.” Tocqueville’s observation, broadly accurate over the past two centuries, is facing perhaps its most severe test today.

In its 2016 “Democracy Index” report, the Economist Intelligence Unit downgraded the United States from a “full” to a “flawed democracy.” In 2018, Freedom House offered a more dire assessment: “[D]emocratic institutions have suffered erosion, as reflected in partisan manipulation of the electoral process, bias and dysfunction in the criminal justice system, and growing disparities in wealth, economic opportunity, and political influence.”

Declining participation and confidence in government are not new, but the populist forces that propelled the election of Donald Trump signaled a new level of public disillusionment with democratic politics and institutions. During his campaign and first year in office, Trump’s core constituency cheered him on as he attacked fundamental elements of liberal democracy, including media freedom, judicial independence, and a pluralist civil society. 

Read the full article in The American Prospect.